If you are sending prerecorded or automatic telephonic solicitations, including SMS text messaging, for purpose of encouraging the purchase of goods or services, those communications may be subject to the TCPA. The TCPA excludes: Tax exempt, non-profit organization calling on their own behalf, Robocalls to residential lines made by healthcare-related Covered Entities governed by HIPAA.

Among other protections for consumers, the TCPA requires that solicitation calls initiate between 8 AM and 9 PM during the recipient’s time zone. Callers must receive express prior written consent for robocalls to a residential line or SMS texts and must provide an opportunity to opt out of future robocalls during a robocall by any reasonable means. If your group maintains a list of contacts, you must check contacts against the Do Not Call registry every 30 days and maintain a Do Not Call list. Additional elements include restrictions on autodialed marketing calls/texts to mobile device where recipient might be charged without prior express written consent and requires caller to provide name, name of company, and telephone number or address for recipient to contact them.